If my mother has a personal accident insurance on me and I had an accident, can she keep the payout?

I am 21 years old and I was in a motorcycle accident (no fault, single vehicle); I broke both of my femurs. Mind you I had no idea she had this policy on me as I have my own insurance. I was hospitalized for 8 days and had major surgery. My mother is attempting to keep the entirety of the payout from her policy on me. Is this right, is this legal?

Asked on July 16, 2015 under Insurance Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your mother is committing fraud by keeping the proceeds from the insurance policy.  The proceeds of the policy should go to you to help pay your medical bills since you were the person who was injured.  Also, your mother's  insurance company may require reimbursement for the amount it paid on the claim.

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